S.Duraisamy v. The Chairman-Cum-Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.9535 of 2020 and W.M.P.Nos.11640, 11641 & 11643 of 2020 1.S.Duraisamy, S/o.Sengodan, No.8, East Thottipalayam, Kadachanallur (PO), Namakkal District.
2.K.Appavu, S/o.Komarasamy Gounder, No.6/115, Vellangattu Thottam, Chinna Anangur, Anangur (PO), Namakkal District.
...Petitioners
Vs.
1.The Chairman-cum-Managing Director, NPKRR Maaligai, Anna Salai, Chennai.
2.The Superintending Engineer (O&M), Mettur Dam, Salem District.
3.The Executive Engineer (O&M), Pallipalayam EDC, Namakkal.
4.The Assistant Executive Engineer (O&M), SPB Colony, Pallipalayam, Namakkal Distrcit.
5.The Assistant Engineer (O&M), SPB Colony, Pallipalayam, Namakkal District.
6.S.Geetha, W/o.Selvamani, Kadachanallur Village & Post, Komarapalayam Taluk, Namakkal District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus restraining the 4th and 5th respondents to install 200KW Transformer in between the petitioners land.
For Petitioners: Mr.S.Kolandasamy For Respondents: Mr.N.Damodaran for R1 to R5
O R D E R
This writ petition has been filed for issuance of writ of mandamus forbearing the fourth and fifth respondents from installing the transformer in the nearby land belonging to the petitioner.
2. Mr.N.Dhamodharan, learned Standing counsel appearing on behalf of the respondents submitted that the respondents are in the process of identifying an alternative place. The learned counsel further submitted that the petitioner has already given a representation to the fourth respondent and the same will be considered and the decision will be taken.
4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the fourth respondent to consider the representation made by the petitioner on 02.06.2020 and 03.06.2020 and take an appropriate decision with regard to the installation of the transformer. If required, the fourth respondent shall also call the petitioner for an enquiry in order to ensure that the erection of the transformer does not put the petitioner into any undue hardship.
5. This writ petition is disposed of accordingly. No cost. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar rst To:
1.The Chairman-cum-Managing Director, NPKRR Maaligai, Anna Salai, Chennai.
2.The Superintending Engineer (O&M), Mettur Dam, Salem District.
3.The Executive Engineer (O&M), Pallipalayam EDC, Namakkal.
4.The Assistant Executive Engineer (O&M), SPB Colony, Pallipalayam, Namakkal Distrcit.
5.The Assistant Engineer (O&M), SPB Colony, Pallipalayam, Namakkal District.
W.P.No.9535 of 2020 and W.M.P.Nos.11640, 11641 & 11643 of 2020 VSN II(CO) GMY(29/09/2020)